USPTO Patent Subject Matter Eligibility Guidelines 2019

Summary

This practice note summarizes the United States Patent and Trademark Office (USPTO) 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019), and October 2019 Update: Subject Matter Eligibility both of which have now been incorporated into the Ninth Edition, Revision 07.2022 (revised July 31, 2022) of the Manual of Patent Examining Procedure (MPEP), and particularly Manual of Patent Examining Procedure 2103 through Manual of Patent Examining Procedure 2106.07(c). This note provides a synopsis of the guidelines in the form of a chart, discusses how the guidelines have been applied, and provides tips for drafting patent applications and arguing against USPTO rejections in view of the guidelines.